Put away the keyboard and step away from the blog...

Did you know that a poorly thought out blog post could land you in court?

It's easy to think that boring things like libel or contempt of court don't apply to bloggers - after all, you're just expressing an opinion, right? Except you're not just expressing an opinion, you're publishing an opinion, instantaneously, to a potentially global audience.

That's something that came home to me this week when one of the PR agency blogs I regularly read published a post that was massively in contempt of court. The author had speculated on a legal case that was active (charges had been brought), and referred to an allegation that had been made about the defendent as an undisputed fact. This is very bad on several levels. 

I contacted the agency boss, who swiftly took the post down, admitting it hadn't really been properly read by a senior member of staff before it was published. I think this is something that probably happens with alarming regularity outside newspapers, which tend to have on-staff lawyers for this sort of thing. Blogs want to be first with content, they push the story up regardless, and nobody quite understands what "active" proceedings are, or the restrictions on reporting them.

But, like it or not, if you're a blogger you're also a publisher. And you need to know this stuff. Ask any professional journalist what books they can't live without and somewhere in the top five will be this - McNae's Essential Law for Journalists. It's an easy-to-read guide to the main aspects of media law, spelling out exactly what journalists can and can't do in print. If you - or your clients - are blogging, I suggest you pick up a copy.

Comments

[Yeelim]

Thanks for the tip Sally.

Do you know if this is the case even if you provide a disclaimer? Or does this have geographical boundries (i.e. laws may be different in different countries)?

And here was me sitting here thinking I was safe no matter what my opinnons thanks to free speech and right to peaceful protest!

[Sally Whittle]

Hi Yeelim

A disclaimer doesn't stop what you're saying being contempt of court (because you're commenting on active proceedings and could therefore influence a jury and prevent a fair trial) or being libellous (because you're not clearly and accurately distinguishing between comment, fact and opinion).

Many newspapers are stretching contempt laws to their limit but never forget they have much more money to spend on lawyers than they do, and in many cases, newspaper execs could be making a v cynical calculation (yes, we could be sued for this, but the circulation benefit outweighs the potential costs). Few bloggers can afford to take the same risks.

[Bryan Murley]

I came to this site via a link on Mark Hamilton's blog in Canada. I think you might want to mention somewhere in here which country's libel laws you're mentioning. The U.S. has no such contempt laws regarding active proceedings.

The statement of charges as fact would be similar.

[Bryan Murley]

Sorry, I meant Andy Dickinson. D$#%@ RSS reader! :-D

[Sally Whittle]

Hi Bryan

Thanks for the comment. Yes, you're absolutely right, the American legal process is completely different for reporters and, from what I can tell, you can say just about anything without fear of being held in contempt.

My post refers to UK law and applies to anyone that is publishing here and commenting on UK proceedings. Here, it's worth noting that the laws are really very strict and reporters can and do get collared regularly for breaking the rules.

[Kim]

Where it gets interesting, though, is someone writing in the US about UK court proceedings, but whose website is accessible in the UK. My understanding is that that person could still be charged under UK contempt laws. (My understanding could be wrong, though it's certainly the case that they could be charged under UK libel laws.)

[REG CROWDER]

Your message is so totally on-target that I WISH I HAD SAID IT MYSELF. If you are in the business of distributing press releases or publishing information the web, you need to know the applicable law WHERE YOU ARE. (Not necessarily everywhere in the English-speaking world.)

A lot of the legal restraints upon journalists and publishing that are are routinely accepted in the UK do not exist in the US. Some of these restraints exist in some form in the US but "play out" in a different way.

The point is: If you are in the UK doing the kinds of things journalists in the UK customarily do, you need to know about the legal restraints that journalists in the UK customarily face.

If you feel the need to defy the law as a matter of conscience -- based upon a moral principle that you believe outweighs the law, that is a choice you are entitled to make.

But don't allow yourself to stumble into that sort of situation out of pure ignorance.

Welcome to the arena, fellow gladiators.

REG CROWDER
Freelance Business Journalist
London, UK & Brittany, France
http://www.RegCrowder.com
http://www.journalistdirectory.com/journalist/TgTQ/REG-CROWDER

[REG CROWDER]

Hi Gang! I don't know why my previous comments went up twice. I must have done something wrong. Sorry about that.

I just came back to say something about reading law. Nobody should be put off by the idea that reading law is tedious or boring.

I find it quite interesting. Occasionally, downright stimulating.

Try it. You may like it.

[Sally]

Hi Reg - have deleted the errant comment. Thanks for stopping by.

You're right - media law is actually really interesting, I love reading about the days when Kelvin Mackenzie ruled the Sun and had a libel budget, or the various legal issues in play when you're writing about a minor. It's all about the stories we can and can't tell - fascinating stuff.

McNae is a really easy read, but for real entertainment value, I'd say that Stick It Up Your Punter by Peter Chippindale is the best book on journalism I've ever read.

[REG CROWDER]

Hi Sally.
That's the spirit! I'm with you 100% on this. Whatever our business is, we need to understand the law that applies to it.

But doing things THE RIGHT WAY isn't just necessary. It is rewarding, satisfying and sometimes downright fun. Again, on behalf of communicators everywhere, THANKS for bringing this issue up.

REG CROWDER
Freelance Business Journalist
London, UK and Brittany, France

[kenobi]

Reg - you sound like a real live wire!